Decree No. 89/2022/NĐ-CP on the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment

DECREE

Regulations on functions, tasks, powers and organizational structure of the Ministry of Planning and Investment

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies; Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government;

At the proposal of the Minister of Planning and Investment;

The Government promulgates this Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment.

Article 1. Position and Functions

The Ministry of Planning and Investment is an agency of the Government, performing the function of state management over economic and social development strategy, planning, investment planning, statistics, including: Advising on comprehensive strategies and plans for economic and social development; planning; national public investment plan; economic management mechanisms and policies; domestic investment, foreign investment in Vietnam, and Vietnamese investment abroad; economic zones; official development assistance (ODA), preferential loans, and non-refundable aid not included in ODA, Vietnamese aid to other countries; bidding; statistics; business development, cooperative economy, cooperative economic activities; state management of public services in sectors and fields under the jurisdiction of the ministry as prescribed by law.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The Ministry of Planning and Investment performs tasks and powers as prescribed in Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP, and the following specific tasks and powers:

1. Submit to the Government draft laws, draft ordinances, draft resolutions of the National Assembly, draft resolutions of the Standing Committee of the National Assembly, draft resolutions, decrees of the Government according to the annual program and plan of law building of the ministry that has been approved and other programs, projects, and proposals assigned by the Government and the Prime Minister.

2. Submit to the Government the five-year and annual national socio-economic development plans; major macroeconomic balances of the national economy; strategies and plans for mobilizing and utilizing development resources; plans for building and amending economic management mechanisms and policies; overall national planning; medium-term and annual public investment plans; investment policies for national target programs, public investment programs; other programs and projects assigned by the Government.

3. Submit to the Prime Minister draft decisions, directives, and other documents.

4. Issue circulars, decisions, and directives within the scope of state management of the ministry.

5. Direct, guide, inspect, and organize the implementation of legal normative documents, strategies, plans, and regulations within the scope of the ministry's management; disseminate information, promote, popularize, and educate about laws in sectors and fields under the ministry's management.

6. Regarding planning; socio-economic development strategies and plans:

a) Develop the Government's action program to implement the five-year socio-economic development plan after it is adopted by the National Assembly; advise the Government and the Prime Minister on comprehensive socio-economic mechanisms and policies and coordination in macroeconomic management; assist the Government in implementing the plan for certain sectors and fields entrusted by the Government and the Prime Minister;

b) Develop the socio-economic development strategy, five-year and annual national socio-economic development plans; overall national planning, regional planning; plans for implementing and announcing the overall national planning and regional planning after approval;

c) Synthesize major macroeconomic balances of the national economy; propose solutions to maintain these balances according to strategic goals and plans, ensuring the achievement of socio-economic development targets;

d) Guide ministries, sectors, and localities in monitoring and evaluating their plan implementation; organize monitoring, evaluation, and reporting on the national socio-economic development plan implementation periodically monthly, quarterly, annually, mid-term, and every five years;

đ) Take the lead in reviewing provincial planning tasks and provincial planning; submit to the Prime Minister the establishment of the National Overall Planning and Regional Planning Review Council;

e) Guide ministries, ministerial-level agencies, and provincial People's Committees in planning and implementing planning.

7. Advise comprehensively on mechanisms and policies for mobilizing and utilizing development resources to implement socio-economic development strategies and plans, various forms and methods of development investment, economic sector development, economic restructuring linked with growth model innovation, regional development coordination.

8. Regarding development investment:

a) Lead and coordinate with the Ministry of Finance to synthesize comprehensively on development investment. Develop medium-term and annual public investment plans; compile a list of national target programs, public investment programs, important national projects, tasks and projects using central budget funds under the medium-term public investment plan;

b) Develop the total amount and structure of social development investment capital; lead and coordinate with the Ministry of Finance to report to the Government on determining the state budget capital for national development investment, by sector and field in the medium-term and annual public investment plans; synthesize the total amount of capital allocated for national target programs, public investment programs, important national projects, key projects, large-scale projects, inter-regional linkage projects, with wide-ranging impact, promoting economic and social development in regions and localities;

c) Chair and coordinate with the Ministry of Finance to compile and submit to the Government and the Prime Minister the medium-term and annual national public investment plans; submit to the Prime Minister for decision on the use of the central budget reserve annually and additional public investment capital within the year to implement development tasks as prescribed by law;

d) Coordinate with the Ministry of Finance to develop proposals for using increased revenue and expenditure savings from the central budget, including the use for investing in important projects;

đ) Compile detailed plans for medium-term and annual state budget capital for each national target program and public investment programs;

e) Report on the implementation of medium-term and annual public investment plans, national target programs, programs, and public investment projects decided by the Prime Minister for investment;

g) Chair and coordinate with the Ministry of Finance, relevant ministries, sectors, and localities to establish principles, criteria, and allocation standards for public investment capital from the state budget; establish principles and criteria for allocating capital to key projects, large-scale projects, regional linkage projects, and projects that drive economic and social development; monitor and evaluate the effectiveness of public investment capital usage and development investment capital from the state budget;

h) Serve as the permanent member of the National Appraisal Council for national target programs and important national projects; serve as the permanent member of the inter-ministerial appraisal council for public-private partnership investment projects under the Prime Minister's investment policy approval authority; appraise investment policies for programs and projects under the Prime Minister's investment policy approval authority according to the Public Investment Law and the Investment Law;

9. Regarding domestic investment, foreign investment, and Vietnamese investment abroad:

a) Manage domestic investment activities and direct foreign investment in Vietnam, direct Vietnamese investment abroad; public-private partnership investment; organize investment promotion activities and guide investment procedures;

b) Handle procedures for issuing, amending, and terminating the validity of Certificates of Investment Registration abroad;

c) Inspect, supervise, and comprehensively evaluate investment activities;

d) Guide the implementation of regulations on information processing, updating, and reporting on issues and recommendations raised by investors related to the application and enforcement of laws during business operations;

10. Regarding management of ODA capital, preferential loans, and non-reimbursable aid not included in official development assistance, and Vietnamese aid to other countries:

a) Serve as the lead agency in managing ODA capital, preferential loans, and non-reimbursable aid not included in official development assistance, and Vietnamese aid to other countries; chair the drafting of strategies, policies, and guidelines for attracting and utilizing ODA and preferential loans;

b) Chair the preparation of content and organization of mobilization for ODA capital, preferential loans, and non-reimbursable aid not included in official development assistance, and Vietnamese aid to other countries; submit to the Government for signing framework international agreements and specific international agreements on non-reimbursable ODA according to the law; submit to the Prime Minister for signing agreements on non-reimbursable ODA within their authority;

c) Compile and submit to competent authorities for decision on proposals and investment policies for programs and projects using ODA capital, preferential loans, and non-reimbursable aid not included in official development assistance, and Vietnamese aid to other countries according to the law; coordinate with the Ministry of Finance to determine the domestic financial mechanism applicable to programs and projects using ODA capital, preferential loans, and non-reimbursable aid not included in official development assistance, and Vietnamese aid to other countries;

b) Chair and coordinate with the Ministry of Finance to compile and prepare medium-term and annual public investment plans for programs and projects using ODA and preferential loans from foreign sponsors; balance and allocate corresponding capital annually from the state budget to prepare and implement programs and projects using ODA and preferential loans for development investment under the central government budget allocation;

đ) Implement supervision and evaluation of programs and projects using ODA capital, preferential loans, and non-reimbursable aid not included in official development assistance, and Vietnamese aid to other countries according to the law; handle or recommend the Prime Minister to handle issues arising from multiple ministries and sectors;

11. Regarding tender management:

a) Appraise tender selection plans, investors, and tender selection methods in special cases under the Prime Minister's decision-making authority according to the Tender Law;

b) Guide, monitor, inspect, and audit the implementation of tender-related laws; cooperate internationally on tendering matters;

12. Regarding management of economic zones:

a) Serve as the lead agency in managing economic zones, including industrial parks, export processing zones, coastal economic zones, border economic zones, specialized economic zones, and other types of economic zones nationwide;

b) Propose models, mechanisms, and policies for developing economic zones;

c) Organize the appraisal of the establishment, expansion, and boundary adjustment of economic zones; appraise investment policies for construction and operation infrastructure projects in industrial parks and export processing zones under their authority;

13. Regarding enterprise development and business registration, individual businesses:

a) Chair and coordinate with relevant ministries and sectors to develop strategies, programs, and plans for restructuring, reforming, and developing state-owned enterprises; management mechanisms for state-owned enterprises and development of enterprises in various economic sectors. Develop policies to improve the investment and business environment;

b) Chair and coordinate with the Ministry of Finance and related agencies to monitor and compile the situation of restructuring, reforming, and developing state-owned enterprises nationwide;

c) Manage business registration for enterprises, cooperative economic organizations, and individual businesses; guide procedures for business registration for enterprises, cooperative economic organizations, and individual businesses; inspect, monitor, and compile information on business registration, online business registration, and post-registration activities nationwide.

d) Develop mechanisms and policies to support the development of individual businesses; guide, inspect, urge, and summarize the implementation of support mechanisms and policies for individual businesses.

đ) Support innovation and entrepreneurship; reform growth models based on the development of science and technology within the scope of the Ministry's state management according to the provisions of the law.

14. Regarding collective economy and cooperative economy:

a) Develop strategies, programs, and plans for the development of collective economy and cooperative economy; guide, inspect, urge, and summarize the implementation of development programs and plans for collective economy and cooperative economy.

b) Develop management mechanisms and policies to support the development of collective economy and cooperative economy.

15. Regarding statistics:

a) Develop and implement strategies, plans, and policies for statistical activity development; coordinate and organize statistical activities and provide statistical information as prescribed by law;

b) Build and uniformly manage the national statistical information system at provincial and district levels; organize coordination for data and information provision between state statistical information systems; establish standards and implement quality assessments of statistical information in state statistical activities.

c) Develop statistical indicators, reporting systems, statistical survey programs, and statistical classifications in accordance with the provisions of the law;

16. Organize and direct the implementation of scientific research plans and the application of advanced science and technology in fields under the Ministry's management according to the law.

17. Manage and organize the implementation of information technology applications and digital transformation in industries and fields under the Ministry's state management; build, manage, operate, and ensure the security of information systems and databases; publish and provide information and data in industries and fields under the Ministry's state management according to the law.

18. Implement international cooperation in fields under the Ministry's management according to the law.

19. Manage public services in fields under the Ministry's management according to the law; manage and direct the activities of public service organizations under the Ministry; manage the Small and Medium Enterprise Development Fund.

20. Manage the activities of associations and non-governmental organizations in fields under the Ministry's management according to the law.

21. Conduct inspections, investigations, handle complaints and denunciations; prevent corruption; practice thrift and prevent waste in the use of assigned assets and funds; inspect and monitor the enforcement of laws according to the law; handle or recommend competent authorities to handle according to the law violations of laws within the scope of the Ministry's management.

22. Decide and direct the implementation of the administrative reform program of the Ministry according to the goals and contents approved by the Prime Minister.

23. Manage organizational structures, civil servant quotas; job positions, staff structure by occupational titles and number of employees in public service units; decide on rotation, transfer, appointment, dismissal, resignation, commendation, disciplinary action; implement salary systems and policies; train and develop cadres, civil servants, staff, and workers under the Ministry's state management according to the law.

24. Manage finances and assets assigned and organize the implementation of allocated budgets according to the law.

25. Perform other duties and powers assigned by the Government and the Prime Minister, and as prescribed by law.

Article 3. Organizational Structure

1. Department of National Economic Synthesis;

2. Department of Local Economy and Territory.

3. Department of Finance and Monetary Affairs.

4. Department of Industrial and Service Economy.

5. Department of Agricultural Economy.

6. Department of Infrastructure and Urban Development.

7. Department of Management of Economic Zones.

8. Department of Investment Supervision and Appraisal.

9. Department of Foreign Economic Relations.

10. Department of Labor, Culture, and Social Affairs.

11. Department of Science, Education, Natural Resources, and Environment.

12. Department of Planning Management.

13. Department of National Defense and Security.

14. Legal Department.

15. Cadre and Civil Servant Management Department.

16. Office of the Ministry.

17. Inspectorate of the Ministry.

18. Bureau of Tender Management.

19. Bureau of Enterprise Development.

20. Bureau of Foreign Investment.

21. Bureau of Business Registration Management.

22. Department of Cooperative Economy.

23. General Statistics Office.

24. Institute for Strategy and Development.

25. Central Institute for Economic Management Research.

26. Center for Information Technology and Digital Transformation.

27. Investment Newspaper.

28. Academy of Policy and Development.

The organizations specified from Clause 1 to Clause 23 of this Article assist the Minister in performing state management functions; the organizations specified from Clause 24 to Clause 28 of this Article are public service units serving the Ministry's state management functions.

The Department of National Economy has three divisions, the Department of Local Economy and Territory has four divisions, and the Department of Foreign Economic Relations has five divisions.

The Minister of Planning and Investment shall submit to the Prime Minister for approval the functions, tasks, powers, and organizational structure of the General Statistics Office; submit to the Prime Minister for issuance the list of public service units directly under the Ministry.

The Minister of Planning and Investment shall stipulate the functions, tasks, powers, and organizational structure of the organizations directly under the Ministry, except for the General Statistics Office.

Article 4. Transitional Provisions

The National Economic Information and Forecasting Center, the Cadre Training Center for Economics and Planning, and the Journal of Economics and Forecasting continue to operate according to current regulations until the competent authority completes the merger process as prescribed.

Article 5. Effective Date

1. This Decree takes effect from November 1, 2022.

2. This Decree replaces Government Decree No. 86/2017/NĐ-CP dated July 25, 2017, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment.

Article 6. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.